Help, Incorrectly Revoked by DVLA!

[kenny187]

Hi everyone, I need help. Ive got a Full UK driveing licence which i passed first time on 22-11-06, Ive got 6 points on my licence but the last time I got points I went to court in 2009 well over my 2 years new driver probation, but the court revoked my licence and i had to pay an insane 800 fine just for doing 36 in a 30 limit. Anyway the court revoked my licence and sent it off to the DVLA for whatever they do with revoked licences, i didnt get it back though. I ended up loseing my job because i was revoked.....hes the weird part......i received a letter yesterday 28-01-11 from DVLA saying....

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Dear *****

Please take time to to read this letter, as it requires you to take action regarding your driving licence.

 

As part of our continued commitment to provide the best customer service we have carried out a recent review of our driver records. Unfortunatly due to an error in the notification of your endorsements, you were revoked under the New Drivers Act incorrectly.

 

I appreciate that this has occured due to no fault of your own, however if you are still in possesion of your driving licence issue number --- then you do not have to take any further action. If you no longer have the above licence, then please advise us of this and we will issue you with a new licence free of charge.

 

May I take this oppertunity to apologise for any inconveniance this may have caused you.

 

Yours sincerely

Abigale Holmes

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What do I do because im really confused, i was told i was revoked and now there saying im not??

Thanks for any advise/help in advance

[Raykay]

Something is not very clear.

Courts cannot revoke licences, they may disqualify drivers. It's DVLA that can revoke the licence of new drivers, which is a completely different process.

Was the date of the 2009 offence within the 2 years?

[crem]

Although any court appearance in 2009 would definately been at least 2 years after you got your licence on 22/11/06, what matters is was the OFFENCE date within the 2 years? i.e. if the offence was on 10/11/08 but you didn't go to court till 15/01/09, you will still be revoked for the offence been within your first 2 years.

 

If something has gone wrong, and the letter from the DVLA seems to imply it has, then I think you may need a solicitor to advise what recompense is available to you. As you suffered some direct and significant losses due to this error, I think you need advise on whether (and who) you can sue for your loss.

[kenny187]

I was caught speeding (36 in a 30) on the 19-4-2009 and i went to court in june 2009 which is well over my 2 year new driver probation, the courts words were "we will contact the DVLA as you now have 6 points and you must send your drivers licence to DVLA as your licence will now be revoked because your within the 2 years probation. We will disqualify you for 6 months". I take it this means i dont have to retake my tests?

Thank you for the advice and help, greatly apreciated

[crem]

[1] your licence will now be revoked because your within the 2 years probation.

[2] We will disqualify you for 6 months".

 

Sentence [1] and sentence [2] don't agree with each other!

 

If your licence is "revoked" under the new driver's act, there is no specified timeframe. i.e. you can immediately apply for a new provisional licence and retake your theory and practical test as quickly as you like. If you are "banned" for 6 months, then it does what it says on the tin. i.e. You cannot drive for 6 months, then after that you can, without having to retake any tests.

 

It is possible they could have awarded a ban for the offence as well, then after the the ban ended, because it also meant you had 6 points, you would only get a provisional licence back, but for an offence of 36 in a 30 I would have thought such a dramatic sentence would be draconian, unless there's more to this than you have stated.

[Raykay]

I was caught speeding (36 in a 30) on the 19-4-2009 and i went to court in june 2009 which is well over my 2 year new driver probation, the courts words were "we will contact the DVLA as you now have 6 points and you must send your drivers licence to DVLA as your licence will now be revoked because your within the 2 years probation. We will disqualify you for 6 months". I take it this means i dont have to retake my tests?

Thank you for the advice and help, greatly apreciated

 

If you were disqualified for 6 months in 2009, you would not be awarded points as well, it's either points or disqualification, not both.

[kenny187]

It was the second time i was caught speeding in 2 months, but ive previously done a drivers awareness course for speeding. Im not one of these people who excessivly and insanely speed e.g 50 in a 30. When i sent my licence and counter part to the DVLA they only sent me back the counter part which had 6 points on it, i rang them up to find out where my licence was and they said it was revoked and i would of been told this in court. My solicitor was with me in court and he thought it was a bit strange too that i got points, disqualified and revoked but unfortunatly as i had lost my job i couldnt afford him anymore so i never got around to apealing it. Im seeing a solicitor tomorow about it to see what has been going on.

[Raykay]

You can't have been given points, disqualified and licence revoked all at the same time in court.

 

The court can only give you points or disqualification, not both.

 

Revoking a licence is an administrative matter by DVLA, when a new driver, within 2 years of passing their test, is given 6 or more points, the court will put the points on the licence, and notify DVLA of them. DVLA will then write to the driver informing them that their licence will be revoked.

 

As disqualification does not involve points, a licence will not be revoked following disqualification by a court.

 

Did you have 6 points on your licence prior to appearing at court, if so your licence may have been revoked before the court appearance.

[Kim131]

I think you just tell the DVLA that you don't have the old licence and they issue you a new full one, as the second offence was outside of the probationary period.